Agenda Item 7
January 24,2017
Public Hearing
MEMORANDUM
January 20, 2017
TO:
FROM:
SUBJECT:
County Council
c\
Robert H. Drummer, Senior Legislative Attorney(,(,
j-
Public Hearing:
Bill 50-16, Elections - Special Elections - Executive Vacancy
Bill 50-16, Elections - Special Elections - Executive Vacancy, sponsored by Lead Sponsor
Councilmember Leventhal, was introduced on December 13,2016. A Government Operations and Fiscal
Policy Committee worksession is tentatively scheduled for January 30 at 10:30 a.m.
Bill 50-16 would require a special election to fill a vacancy in the Office of the Executive under
certain conditions and establish the procedures for conducting a special election.
Background
In 2014, the Maryland General Assembly proposed an amendment to the Maryland Constitution
to enable a county to enact a local law requiring a special election to fill a vacancy in the Office of County
Executive. See 2014 Maryland Laws, Chapter 261 at ©7-l2. The Maryland voters approved this
amendment to the Maryland Constitution at the 2014 election. Pursuant to this authority, the Council
proposed a Charter Amendment that would authorize the Council to enact a law requiring a special election
to fill a vacancy in the Office of the Executive. The County voters approved this Charter Amendment at
the 2016 election last November. See Question A at ©13-l6.
Bill
50-16 would implement this authority by requiring a special election to
fill
a vacancy in the
Office of the Executive that occurs before December 1 of the year before a year in which a quadrennial
state election will be held. The procedures for the special election would be the same
as
a special election
to fill a Council vacancy.
This packet contains:
Bill 50-16
Legislative Request Report
2014 Maryland Laws, Chapter 261
2016 Local Ballot Questions
Circle #
1
6
7
13
F:\LAW\BILLS\1650 Special Election - County Executive\PH Memo.Docx
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Bill No.
50-16
Concerning: Elections
Special
Elections - Executive Vacancy
Revised:
12/512016
Draft No. . .!.1_ __
Introduced:
December 13. 2016
Expires:
June 13. 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _----,-_ _ _ _ _ _ __
Sunset Date:
---!..!.N~on.!.!:e'___
_ _ _ _ __
Ch, _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilrnember Leventhal
AN
ACT to:
(1)
(2)
(3)
require a special election to fill a vacancy in the Office of the Executive under certain
conditions;
establish the procedures for conducting a special election to fill a vacancy in the Office
of the Executive; and
generally amend the law governing special elections for County elected officials.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-17
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 50-16
1
Sec.
1.
Section 16-17 is amended as follows:
16-17. Council vacancy.2 Executive vacancy - election required.
(a)
In this Section, the following words have the meanings indicated:
[(1)] ["Board"]
Board
means the Montgomery County Board of
Elections.
[(2)] ["Council vacancy"]
Council vacancy
means a vacancy on the
County Council that must be filled by a special election under this
Section.
2
3
4
5
6
7
8
9
Executive vacancy
means
~
vacancy
III
the Office of the County
10
11
12
Executive that must be filled
Qy
~
special election under this Section.
Special election
means the combination of
~
special primary election and
~
special general election conducted under this Section.
13
14
15
16
17
18
19
[(3)] ["State law"]
State law
means [Article 33] the Election Law
Article of the Maryland Code, as amended from time to time, any
successor provision, and any other relevant provision of state law.
[(4)
"Special election means the combination of a special primary
election and a special general election conducted under this Section.]
(b)
(1)
A vacancy on the Council or an Executive vacancy that occurs
before December 1 ofthe year before a year in which a quadrennial
state election will be held must be filled by a special election as
provided
in
this Section.
(2)
[The] For
~
20
21
22
23
Council vacancy, the special election must be
conducted among the registered voters of the Council district
represented by the previous member, or among the registered
voters of the entire County when the previous member did not
represent a Council district.
(3)
For an Executive vacancy, the special election must be conducted
among the registered voters ofthe entire County.
f:\law\bills\
1650
special election - county executive\bill 1.docx
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o
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BILL
No. 50-16
29
30
31
32
33
34
(1)
The person elected to fill a Council vacancy or an Executive
vacancy must meet the same qualifications and residence
requirements, but need not be registered to vote in the same
political party, as the previous [member] office holder.
[(4)]
ill
(A)
The Councilmember or the Executive elected at a special
election serves:
from the date the person elected takes the oath of office after
the Board (sitting as a Board of Canvassers under state law)
certifies the result of the special election; and
(B)
for the rest of the unexpired term of the previous [member]
office holder.
(c)
Except as otherwise provided in this Section, and to the extent applicable:
(1)
The special election must be conducted in a manner consistent with
provisions of state law that govern special elections to fill
vacancies in the office of representative in Congress.
The
35
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50
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deadlines and time periods required under those provisions of state
law apply to a special Council election or
~
special Executive
election unless the Council, acting under subsection (d) or
subsection (e), expressly modifies them.
(2)
Except as provided in paragraph (1), the general provisions ofstate
and
County
law that
govern
quadrennial
elections for
Councilmembers and the Executive apply to the special election
conducted under this Section.
(d)
(1)
Within 30 days after a Council vacancy or an Executive vacancy
occurs, the Council must adopt a resolution that:
(A)
sets the dates of the special primary election and the special
general election;
52
53
54
55
o
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BILL
No. 50-16
56
57
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(B)
sets the timeline for certification of a candidate for public
campaign financing for the special primary election and the
special general election; and
(C)
takes any other action authorized by this Section or state
law.
If a Councilmember or the Executive submits a resignation with a later
effective date, the vacancy occurs when the Council receives the
resignation.
(2)
Notwithstanding subsection (c)(1), if the Council vacancy or the
Executive vacancy occurs during the period beginning 120 days
before the next regular or special primary or general election
conducted in the County under state law and ending 40 days before
that election, the special primary election provided for by this
Section must be held on the same date as the other election. If a
second regular or special primary or general election conducted in
the County under state law is held more than 30 but less than 60
days after the special primary election referred to in the preceding
sentence, the special general election held under this Section must
be held on the same date as the second other election.
(3)
Notwithstanding any other provision of law, a special primary or
special general election under this Section must not be held within
30 days before or after any regular or special primary or general
election conducted in the County under state law.
(e)
Ifthe Board advises the Council in writing that certain deadlines or other
time periods provided by state law cannot be complied with in a special
election held under this Section, or that compliance with those deadlines
or time periods would be unreasonable or burdensome, the Council may
a
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BILL 1\10.50-16
83
in the resolution set other deadlines or time periods appropriate for the
special election held under this Section.
(f)
Immediately after adopting a resolution under this Section, the Council
must deliver the resolution to the Board.
(g)
Within 7 calendar days after adopting the resolution, the Council must
publish a notice that a vacancy has occurred in at least one newspaper of
general circulation in the County. The notice must specifY:
(1)
the dates of the special primary election and the special general
election; and
(2)
the procedures under which a person may be nominated to fill the
vacancy.
(h)
84
85
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88
89
90
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92
93
94
(1)
An
individual who has filed a certificate of candidacy for the
95
96
97
98
99
special election may, by 5 p.m. on the second business day after
the deadline for filing certificates of candidacy, withdraw the
certificate on a form prescribed by the Board.
(2)
A candidate to whom a certificate of nomination is issued may, by
5 p.m. on the second business day after the certificate of
nomination is issued, decline the nomination by filing a certificate
of declination on a form prescribed by the Board.
(i)
The Board must identifY the costs it incurred in holding a special election
under this Section and submit a request for a supplemental appropriation
to the Director of the Office of Management and Budget within 60 days
after the special general election.
Approved:
100
101
102
103
104
105
106
107
Roger Berliner, President, County Council
o
Date
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LEGISLATIVE REQUEST REPORT
Bill 50-16
Elections
-
Special Elections
-
Executive Vacancy
DESCRIPTION:
Bill 50-16 would require a special election to fill a vacancy in the
Office of Executive that occurs before December 1 of the year before
a year in which a quadrennial state election will be held. The
procedures for the special election would be the same as a special
election to fill a Council vacancy.
The County voters approved a Charter Amendment to authorize a
special election to fill a vacancy in the Office of Executive at the 2016
general election.
Provide for a special election to fill a vacancy in the Office of
Executive that occurs before December 1 of the year before a year in
which a quadrennial state election will be held.
County Attorney
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney
Applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIllN
MUNICIPALITIES:
PENALTIES:
None
F:\LAW\BILLS\1650 Special Election - County Executive\LRRDocx
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MARTIN O'MALLEY, Governor
Ch.261
Chapter 261
(House Bill 1415)
AN ACT concerning
Chief Executive Officer or County Executive - Special Election to
Fill
a
Vacancy in Office
Me 23 1t
FOR the purpose of proposing an amendment to the Maryland Constitution to provide
that a county charter may provide for the filling of a vacancy in the office of
chief executive officer or county executive of a county by special election;
proposing an amendment to the Maryland Constitution regarding a special
election to fill certain vacancies in office; submitting an amendment to the
Maryland Constitution to the qualified voters of the State for their adoption or
rejection; altering provisions of law regarding the fllling of a vacancy by special
election to allow a county to have a special election to fill a vacancy in the office
of chief executive officer or county executive; authorizing a special election to
fill
a vacancy in the office of chief executive officer or county executive of a charter
county to be conducted by mail; providing for the effective dates of this Act;
providing for the termination of certain provisions of this Act under certain
circumstances; and generally relating to the filling of a vacancy in the office of
chief executive officer or county executive by special election.
BY proposing an amendment to the Maryland Constitution
Article XI-A - Local Legislation
Section 3
BY proposing an amendment to the Maryland Constitution
Article XVII - Quadrennial Elections
Section 2
BY repealing and reenacting, without amendments,
Article - Election Law
Section 5-303 and 9-501(a),
(b),
and (c)
Annotated Code of Maryland
(2010 Replacement Volume and 2013 Supplement)
BY repealing and reenacting, with amendments,
Article - Election Law
Section 8-401 and 9-50 lCd)
Annotated Code of Maryland
(2010 Replacement Volume and 2013 Supplement)
-1-
(j)
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Ch.261
2014 LAWS OF MARYLAND
BY repealing and reenacting, with amendments,
Article - Local Government
Section 10-205
Annotated Code of Maryland
(2013 Volume)
SECTION
1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each of the two Houses
concurring), That it be proposed that the Maryland Constitution read as follows:
Article XI-A - Local Legislation
3.
Every charter so formed shall provide for an elective legislative body in which
shall be vested the law-making power of said City or County. Such legislative body in
the City of Baltimore shall be known as the City Council of the City of Baltimore, and
in any county shall be known as the County Council of the County. The chief executive
officer
OR COUNTY EXECUTIVE,
if any such charter shall provide for the election of
such executive officer
OR COUNTY EXECUTIVE,
or the presiding officer of said
legislative body, if such charter shall not provide for the election of a chief executive
officer
OR COUNTY EXECUTIVE,
shall be known in the City of Baltimore as Mayor of
Baltimore, and in any County as the President or Chairman of the County Council of
the County, and all references in the Constitution and laws of this State to the Mayor
of Baltimore and City Council of the City of Baltimore or to the County Commissioners
of the Counties, shall be construed to refer to the Mayor of Baltimore and City Council
of the City of Baltimore and to the President or Chairman and County Council herein
provided for whenever such construction would be reasonable. From and after the
adoption of a charter by the City of Baltimore, or any County of this State, as
hereinbefore provided, the Mayor of Baltimore and City Council of the City of
Baltimore or the County Council of said County, subject to the Constitution and Public
General Laws of this State, shall have full power to enact local laws of said City or
County including the power to repeal or amend local laws of said City or County
enacted by the General Assembly, upon all matters covered by the express powers
granted as above provided, and, as expressly authorized by statute, to provide for the
filling of a vacancy in the County Council
OR IN THE CHIEF EXECUTIVE OFFICER
OR
COUNTY EXECUTIVE
by special election; provided that nothing herein contained
shall be construed to authorize or empower the County Council of any County in this
State to enact laws or regulations for any incorporated town, village, or municipality
in said County, on any matter covered by the powers granted to said town, village, or
municipality by the Act incorporating it, or any subsequent Act or Acts amendatory
thereto. Provided, however, that the charters for the various Counties shall specify the
number of days, not to exceed forty-five, which may but need not be consecutive, that
the County Council of the Counties may sit in each year for the purpose of enacting
legislation for such Counties, and all legislation shall be enacted at the times so
-2­
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MARTIN O'l\1ALLEY, Governor
Ch.261
designated for that purpose in the charter, and the title or a summary of all laws and
ordinances proposed shall be published once a week for two successive weeks prior to
enactment followed by publication once after enactment in at least one newspaper of
general circulation in the county, so that the taxpayers and citizens may have notice
thereof. The validity of emergency legislation shall not be affected if enacted prior to
the completion of advertising thereof. These provisions concerning publication shall
not apply to Baltimore City. All such local laws enacted by the Mayor of Baltimore and
City Council of the City of Baltimore or the Council of the Counties as hereinbefore
provided, shall be subject to the same rules of interpretation as those now applicable
to the Public Local Laws of this State, except that in case of any conflict between said
local law and any Public General Law now or hereafter enacted the Public General
Law shall control.
Article XVII - Quadrennial Elections
2.
Except for a special election that may be authorized to fill a vacancy in a County
CouncilOR A VACANCY IN THE OFFICE OF CHIEF EXECUTIVE OFFICER OR
COUNTY ExECUTIVE, under Article XI-A, Section
3
of the Constitution, elections by
qualified voters for State and county officers shall be held on the Tuesday next after
the first Monday of November, in the year nineteen hundred and twenty-six, and on
the same day in every fourth year thereafter.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Election Law
5-303.
(a)
Except as provided in subsections
(b)
and (c) ofthis section:
(1)
in the year in which the Governor is elected, a certificate of
candidacy shall be filed not later than
9
p.m. on the last Tuesday in February in the
year in which the primary election will be held; and
for any other regularly scheduled election, a certificate of
candidacy shall be filed not later than
9
p.m. on the Wednesday that is
83
days before
the day on which the primary election will be held.
(2)
A
certificate of candidacy for an office to be filled by a special election
under this article shall be received and filed in the office of the appropriate board not
later than
5
p.m. on the Monday that is
3
weeks or 21 days prior to the date for the
special primary election specified by the Governor in the proclamation for the special
primary election.
(b)
-3­
(jJ
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Ch.261
2014 LAWS OF
MARYLAND
(c)
The certificate of candidacy for the election of a write-in candidate shall
be filed by the earlier of:
(1)
7 days after a total expenditure of at least $51 is made to promote
the candidacy by a campaign finance entity of the candidate; or
(2)
5 p.m. on the Wednesday preceding the day of the election for
which the certificate is filed.
8-401.
(a)
A special primary election and a special general election may be held at a
time other than the date of a regular primary election and a regular general election:
(1)
to fill a vacancy in the office of Representative in Congress; or
(2)
to fill a vacancy in the county councilOR IN THE OFFICE OF
CHIEF EXECUTIVE OFFICER OR COUNTY EXECUTIVE if the charter of that county
provides for special elections.
(b)
(1)
Special elections to fill a vacancy in the office of Representative in
Congress shall be held at the time specified in Subtitle 7 of this title.
(2)
Special elections to fill vacancies in a county councilOR IN THE
OFFICE OF CHIEF EXECUTIVE OFFICER OR COUNTY EXECUTIVE shall be held as
provided in the county charter.
(c)
An
election to fill a vacancy in the office of United States Senator shall be
held concurrently with a regular election as provided in Subtitle 6 of this title.
9-501.
This subtitle applies only to a special election that
concurrently with a regularly scheduled primary or general election.
illl
IS
not held
ill
this subtitle.
Voting by mail may be utilized in a special election in accordance with
A special election to fill a vacancy in the Office of Representative in
Congress shall be conducted by mail if the Governor's proclamation issued under
§
8-710 of this article directs that the election be conducted by mail.
f£l
ill
In this subsection, "local special election" means a special election
-4­
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J\1ARTIN O'MALLEY, Governor
Ch.261
fill a vacancy in the OFFICES OF county council MEMBER.
CHIEF EXECUTIVE OFFICER, OR COUNTY EXECUTIVE of a charter county if the
charter of that county provides for special elections:
fill a vacancy in the board of county commissioners of a code
home rule county if a local law enacted by that county provides for special elections:
(iii) fill a vacancy in the board of county commissioners of a
commission county if a law provides for special elections:
(iv) fill a vacancy in a local board of education if State law
provides for special elections:
elect members of a charter board or submit a proposed
charter to the voters for adoption or rejection in accordance with Article XI
-A,
§
1A of
the Maryland Constitution: or
(vi)
submit a local law enacted by a code home rule county to the
voters for adoption or rejection in accordance with
§
9-313 of the Local Government
Article.
A local special election shall be conducted by mail if the resolution
of the county councilor board of county commissioners establishing the date of the
special election directs that the election be conducted by mail.
Article - Local Government
10-205.
A county may provide for the conduct of a special election to fill a vacancy in the
county councilOR IN THE OFFICE OF CHIEF EXECUTIVE OFFICER OR COUNTY
EXECUTIVE.
SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly
determines that the amendment to the Maryland Constitution proposed by Section 1
of this Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of
the Maryland Constitution concerning local approval of constitutional amendments do
not apply.
SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the
qualified voters of the State at the next general election to be held in November 2014
for their adoption or rejection pursuant to Article XIV of the Maryland Constitution.
At that general election, the vote on this proposed amendment to the Constitution
shall be by ballot, and upon each ballot there shall be printed the words "For the
Constitutional Amendment" and "Against the Constitutional Amendment," as now
-- 5­
ill
iill.
M
1m
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Ch.261
2014 LAWS OF MARYLAND
provided by law. Immediately after the election, all returns shall be made to the
Governor of the vote for and against the proposed amendment, as directed by Article
XIV of the Maryland Constitution, and further proceedings had in accordance with
Article XIV.
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect on the taking effect of Section 1 of this Act.
If
Section 1 of this Act does not
take effect, Section 2 of this Act shall be abrogated and of no further force and effect.
SECTION
~
6. AND BE IT FURTHER ENACTED, That, except as provided in
Sections
3
a¥idl.
4, and
5
ofthis Act, this Act shall take effect June 1,2014.
Approved by the Governor, assigned a chapter number, enactment subject to
constitutional referendum, May 5,
2014.
-6­
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t.···.··-·
Isiah Leggett
County Executive
Marc
P.
Hansen
County Attorney
OFFICE OF THE COUNTY ATTORNEY
August 9, 2016
Margaret Jurgensen, Election Director
Board of Elections
.
18753-210 North Frederick Avenue
Gaithers~urg,
MD 20879
Re:
Certification of Local Ballot Questions
Dear Ms. Jurgensen:
In
accordance with the requirements of Section 7-103(c)(3) of the Election Law Article,
Ann. Code of Md., I certify for inclusion on the 2016 General Election ballot the following Local
Ballot questions.
Please note that Questions B and C must not appear on the ballot unless a petition
containing the amendment set out in Question B qualifies for inclusion
on
the 2016 ballot.
Question A
Charter amendment
by
act of County Council
County Executive Vacancy - Special Election
Amend Section 205 of the County Charter to recognize that under State law the County Council
may provide for a special election to fill a vacancy
in
the office of County Executive.
FOR
AGAINST
101 Monroe Street, Third Floor, Rockville, Maryland 20850
240-777-6740 (fax) 240-777-6705 omarc.hansen @montgomerycountymd.gov
0
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!
."
····1
!
Margaret Jurgensen, Election Director
August 9, 2016
Page
2
Question B
Charter amendment by petition
Term Limits - County Council and County Executive
Amend Sections 105 and 202 of the County Charter to:
--limit the County Executive and
members of the County Council to
3
consecutive tenns
in
office;
--provide that a County Executive and any member of the County Council who
will
have
served 3 or more consecutive terms on December 3, 2018, cannot serve another successive term
in the same office; and
--provide that service of a tenn includes complete service of a full term and partial
service of a full term.
.
FOR
AGAINST
Question C
Charter amendment by act of County Councl
Term of Office - County Council and County Executive - Partial Service of a
Full
Term
Amend Sections 105 and 202 of the County Charter to provide
that
partial service of a full term
for either a Councilmember or the County Executive means service ofmore
than
two years of a
term.
FOR
AGAINST
A Spanish translation of the Local Ballot questions is attached.
Sincerely yours,
/Y)~L-. Ik~
MarcP. Hansen
County Attorney
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···:····.. ···:1
.... I
...: -...-.:-: .•
~
. :>
1····:··..·:;-·-·· ..·
I. ...•
Margaret Jurgensen, Election Director
August 9, 2016
Page 3
Attachment
cc: Nancy Floreen, President, Montgomery County Council
Isiah Leggett, County Executive
Timothy Firestine, Chief Administrative Officer
Bonnie Kirkland, Assistant Chief Administrative Officer
Robert Drummer, Sr. Legislative Attorney
Josh Hamlin, Legislative Attorney
Edward Lattner, Chief, Division of Government Operations
MPH:tjs
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····.·•• 1
I
PreguntaA
Reforma del Estatuto por acto del Consejo del Condado
Vacantes en la oficina del Ejecutivo del Condado - Edicion Especial
Refonnar secci6n 205 del Estatuto del Condado para reconocer que bajo la ley estatal el Consejo
del Condado podni proveer una elecci6n especial para llenar una vacante en la oficina del
Ejecutivo del Condado.
A favor
En contra
Pregunta B
Reforma del Estatuto por peticion
Limites de termino - EI Consejo del Condado
y
el Ejecutivo del Condado .
Refonnar secciones 105 y 202 del Estatuto del Condado para:
limitar a el Ejecutivo del Condado y a los miembros del Consejo del Condado a 3
terminos consecutivos en la oficina.
pro veer que el Ejecutivo del Condado y cualquier miembro del Consejo del Condado que
hayan servido 30 mas terminos consecutivos e13 de Diciembre del 2018, no podran
servir a otro termino sucesivo en la misma oficina; y
proveer que el servicio de un termino incluye el servicio completo de un termino y el
servicio parcial de un termino completo
A favor
En contra
Pregunta C
Reforma del Estatuto por acto del Consejo del Condado
Terminos en la oficina - EI Consejo del Condado
y
el Ejecutivo del Condado - Servicio
parcial de un termino completo.
Reformar secciones 105 y 202 del Estatuto del Condado para proveer que un servicio parcial de
un termino completo, ya sea de un miembro del Consejo
0
el Ejecutivo del Condado, significa
servicio de
mas
de dos aiios de un termino.
A favor
En contra